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2024 Supreme(All) 936

RAJESH SINGH CHAUHAN
Neeraj Raidas – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vijay Kumar, Alok Kumar Mishra.

JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Shri Alok Kumar Mishra, learned counsel for the applicant and Shri Rajnish Kumar Verma, learned A.G.A., however, no one has appeared on behalf of the informant/ complainant.

2. As per learned counsel for the applicant, the present applicant is in jail since 02.05.2022 in Case Crime No. 227 of 2022, under Sections 323, 376 IPC and Section 3/4 POCSO Act, Police Station-Bilgram, District- Hardoi.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. As per prosecution story so narrated in the FIR, the present applicant has made wrong deeds with the daughter of the complainant/ informant, who is aged about eighteen years. As per the FIR, when the daughter of the complainant at about 8.00 P.M. went to defecate in the field, at that time the applicant came there and committed rape forcibly with her.

4. Learned counsel for the applicant has further submitted that the entire prosecution story is false and concocted inasmuch as the prosecutrix is major in age and she is the consenting party with the applicant and the prosecutrix is mentally

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